PRIVACY STATUTES ENACTED.

PositionBrief Article

Two laws take effect Jan. 1 that impact the way all California businesses treat customer and client information.

AB 2246 requires businesses to take reasonable steps to destroy, or arrange for the destruction of customer records that contain personal information before the records are discarded. Personal information includes anything that identifies, relates to, describes or is capable of being associated with a particular individual. The definition includes but is not limited to, name, signature, social security number, physical characteristics, or description, address, telephone number, passport number, drivers license or state I.D. number, insurance policy number, education, employment, employment history, bank account, credit card, or debit card numbers or any other financial information.

This law applies to electronic records, documents or recordings of personal information. The requirement applies to every business in California. Failure to comply could result in civil liability including actual damages. Directories where individuals have voluntarily consented to distribution of names, addresses and phone numbers are exempt.

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